Sandberg v. Boening et al

Filing 108

ORDER ADOPTING REPORT AND RECOMMENDATION re: 107 Objections to Report and Recommendation filed by Jason William Sandberg. The Court adopts the Report and Recommendation and denies the Motion to Stand on my Complaint (Dkt. 104 ; and this action is DISMISSED WITH PREJUDICE. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Kent address . Modified on 8/12/2011 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JASON SANDBERG,

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Plaintiff,

CASE NO. 09-5347 RJB
ORDER ADOPTING A REPORT
AND RECOMMENDATION

v.
SUPERINTENDENT RON VAN BOENING
et al.
Defendant.

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This matter comes before the Court on the Report and Recommendation of the
Honorable J. Richard Creatura, United States Magistrate Judge, dated July 18, 2011 (Dkt.

17 106), and Plaintiff’s Objections to the Report and Recommendation, filed July 29, 2011
18 (Dkt. 107), and also on Plaintiff's Motion to Stand on My Complaint (Dkt. 104). The
19 Court has considered the Report and Recommendation, Plaintiff’s objections, and the
20 remaining record, and hereby adopts the Amended Report and Recommendation for the
21 reasons stated herein.
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The Magistrate Judge recommends that Plaintiff’s action be dismissed for failure
to state a claim. Dkt. 106 pp. 9. Alternatively, the action is subject to dismissal for

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ORDER ADOPTING A REPORT AND
RECOMMENDATION - 1

1 failure to exhaust administrative remedies. Id. As detailed in the Report and
2 Recommendation, Plaintiff has failed to plead facts to support any of his claims. Plaintiff
3 has been afforded a number of opportunities to amend his complaint to cure the
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deficiencies and Plaintiff refuses to do so. Id., at 1-2; Dkt. 104.
Plaintiff’s objections to the Report and Recommendation simply restate his causes

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of action and state Plaintiff’s position that the “Court must accept my complaint as it’s
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true” Dkt. 107 pp. 1-2.
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Plaintiff’s objections are unpersuasive. Plaintiff has failed to plead facts that raise
a right to relief. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
The Court having reviewed the Report and Recommendation of the Hon. J.

12 Richard Creatura, United States Magistrate Judge, objections to the Report and
13 Recommendation, and the remaining record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation and denies the Motion
to Stand on my Complaint; and

(2)

This action is DISMISSED WITH PREJUDICE for failure to state
a claim. Plaintiff has been given multiple opportunities to cure the
defects in his pleadings and he has failed to do so. This dismissal
counts as a strike pursuant to 28 U.S.C. § 1915 (e)(2). In forma
pauperis status is revoked for purposes of appeal.

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DATED this 12th day of August, 2011.

A

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ROBERT J. BRYAN

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United States District Judge

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ORDER ADOPTING A REPORT AND
RECOMMENDATION - 2

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ORDER ADOPTING A REPORT AND
RECOMMENDATION - 3